Can a matter be res judicata on the basis of issue estoppel?
Ontario, Canada
The following excerpt is from Big Thunder Windpark v. HMQ, 2019 ONSC 7252 (CanLII):
While I appreciate their argument that a matter may be res judicata on the basis of either "issue estoppel" or "cause of action estoppel." My understanding is that issue estoppel applies to individual issues or facts that the court has already decided. Cause of action estoppel arises when a complete action already decided is duplicated in new claims.[Landcraft Ventures Ltd v. TK Sales Ltd, 2008 BCSC 1417, at para. 11].
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